GARP [2] is the legislative instrument used by decision-makers to determine the amount of Disability Compensation Payment [2] to pay a veteran [2] in respect of incapacity [2] from war-caused or defence-caused injuries [2] and diseases [2]. It looks at the medical impairment suffered as a result of war-caused disabilities and the effect on the veteran's lifestyle. Its provisions are binding on the Repatriation Commission [2], the Veterans' Review Board [2] and the Administrative Appeals Tribunal [2].
More → [3]
VEA → [4]
GARP contains:
The two elements of the assessment of the degree of incapacity using GARP are:
Guide to the Assessment of Rates of Veterans' Pensions.
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
For the purposes of Part VI of the VEA [14], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [14], according to subsection 5C(1), veteran means a person (including a deceased person):
According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
According to subsection 5D(1), disease means:
but does not include:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to Section 179 [14]of the VEA [14], the Commission is a body corporate under the name of Repatriation Commission.
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] and attendant allowance.
The Administrative Appeals Tribunal is an independent body established by the Administrative Appeals Tribunal Act 1975, which reviews certain administrative decisions of specified Departments and Government agencies. The Tribunal is headed by a judge of the Federal Court of Australia who may sit with other tribunal members who are either judges, lawyers or persons who may possess some experience relevant to the subject of the review.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16119%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/16119#tgt-cspol_part9_ftn625
[4] https://clik.dva.gov.au/book/export/html/16119#tgt-cspol_part9_ftn626
[5] https://clik.dva.gov.au/book/export/html/16119#tgt-cspol_part9_ftn627
[6] https://clik.dva.gov.au/book/export/html/16119#tgt-cspol_part9_ftn628
[7] clik://RESEARCH/G5-instrument
[8] https://clik.dva.gov.au/book/export/html/16119#ref-cspol_part9_ftn625
[9] clik://LEGIS/VEA/section 29(1)
[10] https://clik.dva.gov.au/book/export/html/16119#ref-cspol_part9_ftn626
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/98-guide-assessment-rates-veterans-pensions-garp/983-elements-degree-incapacity
[12] https://clik.dva.gov.au/book/export/html/16119#ref-cspol_part9_ftn627
[13] https://clik.dva.gov.au/book/export/html/16119#ref-cspol_part9_ftn628
[14] http://clik.dva.gov.au/legislation-library